Terms & Conditions

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE MOMENTUM PLM WEBSITE. BY USING THE MOMENTUM PLM WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE CONDITIONS: 

Jobs and CV Search 

General 

These terms of use (the “Terms”) any policy or other document incorporated into these Terms by reference) contain the terms and conditions on the user (“you”) may use the Website and the Services.

By continuing to browse or use you are agreeing to comply with and be bound by these Terms of Use and our associated Privacy Policy, which can be found on our website. Please read carefully before use.

The following definitions apply:

"Client" means the company, firm or organisation which has set up an account with Momentum PLM in order to use the Services.

"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.

"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the Momentum PLM sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.

"Pricing Model(s)" means the pricing models offered by Momentum PLM as set out in “Services” section below.

"Services" means the online recruitment services as set out in “Services” section below

“Recruiter Profile” means the profile created to access the Services

"Website" means https://www.momentum-plm.com and associated web pages and includes without limitation its content, databases, software, code and graphics.

Who We Are 

The Website and Services are operated by MOMENTUM PLM LIMITED (07655103) with registered address at 4 Emmanuel Court, Reddicroft, Sutton Coldfield, West Midlands, England, B73 6AZ

The Website and conditions of use

We do not guarantee that the Websites or any of the Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the website or the Services at any time without notice to you.

We will have no liability to you if the websites or the Services are unavailable at any time for whatever reason.

We may update the Websites from time to time, and may change the Services from time to time. However, please note that any of the content on or relating to the Website and/or the Services may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Website or the Services will be free from errors or omissions.

Bugs and viruses

We do not guarantee that the Website or the Services will be secure or free from bugs or viruses. You are responsible for configuring your device, information technology, programmes and platform in order to access the Website and the Services. You must not misuse the Website or the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Services or any server, computer or database connected to the Website or the Services. You must not attack the Website or the Services via a denial-of service attack or a distributed denial-of-service attack.

Use of the Website

You have permission for temporary use of the Website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

Only use the Website as allowed by law and these Terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the Website and make changes to it, but we don't have to do this, and material on the Website may be out-of-date. No material on the Website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the Website by anyone.

By using the Website, you agree to us handling this information and confirm that data you provide is accurate.

You are prohibited from posting or transmitting to or from the Website any material:

(a)        that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b)        for which you have not obtained all necessary licences and/or approvals;

(c)        which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or

(d)        which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking it).

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this section.

The Services 

The following Services are available from Momentum PLM via the Website:

  • Premium+ Job Postings: A service whereby the Client's job postings will be given greater prominence in job listings, with up to 100 candidates who best match the criteria set by the Client in the job posting emailed with details of the vacancy.
  • Featured Job Postings: A service whereby Clients may specify that one or more job postings appear in "Featured Jobs" pages/spaces on the Website, with up to 250 candidates who best match the criteria set by the Client in the job posting emailed with details of the vacancy.
  • Priority Job Postings: A service whereby the Client's job postings are refreshed daily for the first 7 days after the job posting's first appearance on the Website, with up to 250 candidates who best match the criteria set by the Client in the job posting emailed with details of the vacancy.
  • Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where customers can themselves create a profile of their company or organisation on the Website using Momentum PLM tools for an agreed time.

The following Pricing Models are available in relation to the Services offered: 

  • Ads by Volume: (i) the Client will buy the agreed number of job postings as set out in the Order Confirmation; (ii) the agreed pricing and payment method will be set out in the Order Confirmation, (iii) all job postings must be posted within 12 months of date of purchase (unless otherwise set out in the Order Confirmation).
  • Ads On Demand: (i) no minimum commitment is required from the Client, (ii) an unlimited number of jobs may be posted with a maximum of 500 live jobs at any one time (unless otherwise set out in the Order Confirmation), (iii) the Client will be charged for every job posted in accordance with the pricing matrix set out in the Order Confirmation.
  • Subscription Services - Job Postings: the Client may post an unlimited number of jobs.

Momentum PLM shall provide the Services in accordance with these Terms. Clients must set up an account with Momentum PLM in order to gain access to the Services. The Services do not constitute an offer by Momentum PLM, and Momentum PLM reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

A legally binding contract between Momentum PLM and the Client comprising these Terms and the Order Confirmation will come into effect when (i) in the case of online orders, the screen confirming successful purchase of Services appears on the Website or (ii) in the case of orders via the Momentum PLM sales team, Momentum PLM has received the Client's completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing Momentum PLM's credit checking process.

Momentum PLM shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information

The Client undertakes not to submit for inclusion in any job posting, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect Momentum PLM or Momentum PLM's reputation

Other than for Services paid for online or by phone using credit or debit cards (where Momentum PLM will provide payment confirmation after payment has been taken), Momentum PLM shall issue an invoice to the Client on formation of contract as set out in clause 5 above, and in the case of Subscription Services, at agreed intervals in advance thereafter. The Client shall pay Momentum PLM's invoices in full within 14 days from the date of invoice. In the event of late payment, Momentum PLM may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), Momentum PLM may terminate the Services and all outstanding invoices shall become payable immediately. In the case of subscription Services, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for payment of all agreed Services notwithstanding such Services have been suspended or terminated under this clause 8. Without prejudice to any other remedy, Momentum PLM reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.

Online payment services will be carried out by Stripe. Online card payments shall be subject to their terms and conditions.

The Client may provide Momentum PLM with a recurring payment authority to enable Momentum PLM to take regular payments from the Client's nominated debit or credit card for payment of the Services. Such authority must be provided to Momentum PLM's sales team by phone or online through the Client's Recruiter account. When a recurring payment authority has been provided, Momentum PLM will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Client may cancel or update a recurring payment authority at any time by calling Momentum PLM's sales team or online in the Client's Recruiter account. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.

Once a contract has been formed, Momentum PLM cannot accept any cancellation of the agreed Services: No refunds will be given and outstanding invoices shall remain payable. Without prejudice to the foregoing:

(i) Subscription Services (Job Search and CV Search) are for a minimum term of 12 months unless otherwise agreed with Momentum PLM. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. These services will automatically renew for a further minimum term of 12 months on the same terms and fees as are applicable on the date immediately prior to the relevant anniversary date, unless either party gives the other written notice to terminate at least 28 days prior to such anniversary.

(ii) For the avoidance of doubt, Freecruitment, Premium, Featured and Premium+ Job Posting credits and CV Search credits do not roll over beyond the contract end date. Any Job Postings that are live on the Website will remain live until their expiry date, but no new Job Postings can be made using the credits from the relevant contract.

(iii) For Services purchased online, refunds may occasionally be given at Momentum PLM's sole and absolute discretion.

Momentum PLM may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.

Momentum PLM reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective. Without prejudice to any other remedy, Momentum PLM may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if Momentum PLM has reasonable grounds to believe that the Client cannot or will not pay its debts.

Momentum PLM reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:

(i)the Client has not provided full or accurate contact or company information;

(ii)Momentum PLM considers the Client is acting inappropriately or illegally;

(iii)the Client is using the Website to advertise websites, services, businesses and/or business opportunities (unless the business is an agreed franchise system opportunity) in any part of the job vacancy or on any part of the site;

(iv)the Client fails Momentum PLM’s credit checking process, or defaults on payment;

(v)the Client resells job postings without the express permission of Momentum PLM;

(vi)the Client has been given permission to resell job postings but does not accurately represent the products and services that are offered by Momentum PLM; and/or

(vii)the Client has shared its CV Search access with a third party.          

Client Compliance Obligations

The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on Momentum PLM's site, communications with applicants and management of applicants' details. The Client shall indemnify Momentum PLM against any Losses in connection therewith.

The Client shall not post any vacancy where:

  1. there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the Client undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or
  1. the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.

By posting any vacancy set out directly  above at (1) and (2) the Client is deemed to give the relevant undertakings. Where the Client is an employment business or agency, the Client shall offer copies of the documents obtained under (2) (i) and (ii), directly above,  to the hirer.

The Client will comply with all applicable laws, including without limitation: current data protection legislation and the Equality Act 2010. By submitting a vacancy to the Website, the Client thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:

https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice

Job Postings 

By submitting a vacancy to the Website, the Client is authorising Momentum PLM to post such vacancy and submit candidates ranked by Momentum PLM in accordance with the Client's criteria (if any).

The Client is responsible for the content of the vacancy and will indemnify Momentum PLM against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.

The Client shall include in the job description the following information:

  1. Any qualifications and/or authorisations required by law or any or by any relevant professional body:
  1. If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
  1. Where the Client is an employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.

The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.

Applicants' responses will be forwarded by Momentum PLM by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and Momentum PLM accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.

All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job posting are the responsibility of the Client, and Momentum PLM accepts no liability whatsoever therewith. The Client will indemnify Momentum PLM against any Losses in connection therewith.

Momentum PLM reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:

  1. those that Momentum PLM considers illegal, inappropriate or fraudulent
  1. those that directly or indirectly require or ask for application or registration fees
  1. those that advertise, pyramid, network marketing or get-rich-quick schemes
  1. those that have been indiscriminately posted or duplicated across multiple sectors
  1. those that advertise websites, services, businesses, business opportunities and/or contact details
  1. those of Clients who solicit staff from any member of the Momentum PLM.

Free job postings under Freecruitment are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Franchised businesses are allocated free job postings centrally - to be shared amongst its franchisees - and not to each franchised operation.

Free job postings under Freecruitment are at the discretion of Momentum PLM. Breach by the Client of any of these Terms may result in the Freecruitment Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to Momentum PLM, the Freecruitment Services shall be withdrawn.

The Client shall not share its access to CV Search with any third party.

Intellectual Property

All intellectual property rights connected with the Services and/or the Website shall remain vested in Momentum PLM or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

Data Protection

For the sake of clarity and the avoidance of doubt, the Client acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by Momentum PLM. It is the Client’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for processing any personal data. Momentum PLM acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.

Momentum PLM shall not be in breach of these Terms if events beyond its reasonable control prevent Momentum PLM from performing the Services.

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy available on our website.

Liability & Indemnity

 

In the event that the Client makes a claim against Momentum PLM for whatever reason, Momentum PLM's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Momentum PLM be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude Momentum PLM’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

The Client shall indemnify Momentum PLM against any Losses in connection therewith. The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold Momentum PLM harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.

If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

Miscellaneous 

Notices to Momentum PLM shall be sent by email to info@momentum-plm.com notices to the Client shall be sent by email to the address supplied on set up of the Client's account.

From time to time Momentum PLM will contact Clients in order to evaluate the service they receive and also to promote Momentum PLM's services and products. Momentum PLM monitors the quality of vacancies from time to time in order to provide a better service to candidates.

The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Momentum PLM or of any member of the Momentum PLM. Breach of this clause shall be a material breach and will entitle Momentum PLM, without prejudice to any other remedies it may have, to terminate the Client's account and Services immediately.

These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Momentum PLM and the Client. The Client acknowledges that it has not relied on any representation made by Momentum PLM in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded. The Client will not be entitled to bring any claim or legal proceedings in respect of any refund or other repayment, howsoever arising, 4 years after the date on which entitlement to such refund or repayment arose. For the avoidance of doubt, the Website terms and conditions apply in addition to the above Terms.

The Client shall not resell any Services without the express written permission of Momentum PLM. Momentum PLM reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.

These Terms and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Registered Office – Contact us at; 

Momentum PLM

53 Calthorpe Road

Birmingham

B15 1TH